A trademark is a sign protected by law. Its main purpose is to distinguish the goods and services of one enterprise from those of another. There are different types of trademarks, including word marks consisting of letters and numbers, figurative marks
consisting of pictures and logos, and combinations of both, known as word-design marks. 

In addition, is some countries like Germany or the European Union, it is possible to protect 3D trademarks (like the iconic 911 Porsche body), abstract color marks (like the color “magenta” of the German phone company Telekom), position marks, motion marks and sound marks (like the roaring lion of Metro-Goldwyn-Mayer/MGM).

In general, a trademark is protected for ten (10) years from the day of its application. In some countries, the protection period starts with the day of registration. By paying a renewal fee every ten (10) years, the trademark can be protected indefinitely. A trademark is therefore considered as the most long-lasting intellectual property right.

Registering your brand as a trademark gives you exclusive rights to use your mark in the relevant territory. It is an intellectual property right and you have ownership to your right (like owning a car or a house). In the European Union, this fundamental right to property is laid down in Article 17 of the EU Charta. It is a straightforward way
to protect your brand against similar marks and prevent consumer confusion. In addition, if someone uses your trademark without your consent, you can take legal action to enforce your rights.

This constitutes trademark infringement. You may send a cease-and-desist letter, claim damages, or take legal action, unless the use qualifies as fair use. In Germany, a preliminary injunction can provide a fast court order to stop the infringement within 1–5 working days.

Yes. For EU protection, you can file an EU trademark with the European Union Intellectual Property Office (EUIPO), which covers all 27 EU countries. For broader protection, you can file an International Registration (so-called IR mark) with the World Intellectual Property Organization (WIPO) and choose protection in up to currently approx. 130 countries in a single application. In addition, you can also file nationally in each country around the world.

In general, the so-called “territorial regime” rules. This means that trademark protection is granted within the borders of the country where you have trademark protection. In general, trademark protection has to be applied for at a country’s Intellectual Property Office. However, there are countries (mostly “common law countries”, such as UK, USA, etc.) where trademark protection is granted to a certain extend by using the mark in that specific country.

The registration process differs in different countries. In Germany, it is possible to receive a registered trademark within 1 – 6 weeks as it is possible to expedite the registration process. In the EU, the application until registration process takes approx. 4 – 5 months until you receive a registration certificate. In other countries, e.g. the US, the registration process may take approx. 6 – 12 months. Depending on the country, the registration process can take much longer.

Trademark costs vary around the world significantly. In general, you have to pay an official filing fee to the national intellectual property office and if you use a lawyer, then additional fees for the representation and legal advice for the attorney. In Germany, a trademark application up to three (3) classes currently costs on average
approx. 1.000 – 1.200 EUR / USD for ten (10) years, consisting of 290 EUR official/office fees and approx. 700 – 900 EUR / USD attorney fees. Further costs for certificates, official registration fees or if problems arise which an attorney must solve can arise.

No, as trademark protection is only granted territorially by country. You have to receive protection in the countries you are doing business in by applying for the trademark or in some countries by use. Whereas registered rights (where you have a certificate issued by an intellectual property office) and can prove that you own a
mark is generally the stronger legal basis. There are different strategies and cost considerations on how to protect a brand. Therefore, it is highly recommendable to seek prior advise from an attorney.

As the costs (official fees and attorney fees) vary in different countries, the costs can vary significantly. For a very rough estimate, you should budget approx. 1.000 – 1.500 EUR per mark and per country. Therefore, if you want trademark protection in 10 different countries, you should budget approx. 10.000 – 15.000 EUR / USD. Remember, you then have protection for 10 years and can extend the protection for another 10 years by paying a renewal fee. It does make sense to engage an attorney or trademark professional in the early stages of your branding strategy (at least 6 – 12 months in advance) as they can help you with your branding/business strategy and help you save costs. As an example, there are trademark filing systems in place, e.g. the EU trademark system, where you file one mark at the EU Intellectual Property Office (EUIPO) and receive trademark protection for the EU’s current 27 EU member states for approx. 2.000 – 3.000 EUR / USD.

Yes. You should conduct prior searches in order not to infringe another trademark owner. Otherwise, you may have to stop using your brand and start from the beginning. Trademarks are considered a valuable asset and older trademark owners, especially well-established ones, will protect their trademark under all circumstances. Infringing an older trademark can cost a lot of money, anywhere between at least 5.000 – 20.000 EUR / USD (minimum). Not just identical trademarks should be searched, but also similar ones. For example, the brand “ZENO” or “SENO” for drinks would be considered confusingly similar as they are phonetically highly similar as well as in writing. As other intellectual property rights exist (company names, work titles, domains, designs etc.) which may create prior rights to your trademark, these should be searched, too. Therefore, it is highly recommended to seek legal advice from a trademark professional or attorney beforehand. Please note that such prior trademark searches in general are more expensive than filing for a trademark as the trademark registers are currently full of marks. It can be difficult, time and cost-consuming to find a proper and good brand nowadays.

If legally protected correctly, used properly and successfully marketed it can be worth on average approx. 50% of your whole company value. Trademarks in the field of food/beverages/textiles/fashion/cars create a higher portion of the company value – usually around 80% - as brands are extremely important in these sectors. Brands in
the field of energy/banking etc. usually have a smaller impact on the company value. The overall average trademark value is supported by various studies, e.g. PwC, BrandRating etc. Therefore, trademarks and other intellectual property rights are fundamental when starting a company and brand as you create a great value for your
company.

A design is an intellectual property right that grants its proprietor an exclusive right to the appearance of a product, meaning in general its outer visual design. It can cover two- or three-dimensional features such as shapes, colors, and patterns (e.g., the appearance of a chair or shoe) or logos.

The design in Germany and the European Union (EU) is initially protected for 5 years from the filing date, after which it can be renewed in 5-year periods for up to a total of 25 years. In other countries around the world the protection period of a design differs considerably (e.g. in China 15 years of filing, in the US 14 years as of registration).

The design must be new (novel) at the filing date and have individual character, meaning its overall impression must differ from existing designs.

There are generally two options, whereas the laws vary in different countries. You can either file an application with the DPMA, EUIPO, or WIPO and register your design in the official register or rely on unregistered protection through disclosure in the EU. In the EU, an unregistered design right arises automatically upon first disclosure and is protected for 3 years.

A copyright protects mainly (but not only) works of literature, science (including software), and art created by authors.

A copyright (e.g. in Germany / EU) automatically comes into existence upon creation of the work and is not dependent on publication. Unlike trademarks, designs, and patents, copyright does not require registration and therefore no fees are required to obtain protection. Via the Berne Convention, however, there are countries, e.g. the
US, that have copyright offices and where you can request the registration of your copyright. You receive a certificate and you can thereby more easily prove that you are the owner of the copyright.

The protection begins upon the creation of the work and lasts for the lifetime of the author plus 70 years after their death. For anonymous works, protection lasts for 70 years from the date of publication.

Generally, no. You cannot use someone else’s copyrighted work without permission unless a legal exception applies. Depending on the jurisdiction, fair use or fair dealing may permit certain uses. Some works are also available under Creative Commons licenses or are in the public domain and free to use, provided the applicable conditions are met. Alternatively, you can license a copyright (exclusive or non- exclusive) and pay the copyright owner a license fee.

A patent protects technical inventions and grants the inventor the exclusive right to make, use, distribute, import, and sell the invention.

Patent protection typically lasts up to 20 years from the application date. However, to maintain protection, annual renewal fees must be paid.

Your invention can be patented if it is new, meaning it has not been made available to the public anywhere in the world, in written or oral form, before the filing date, involves an inventive step (is non-obvious), and is industrially applicable (has utility).

Competition law sets the rules for fair competition in the market. It aims to prevent anti-competitive behavior such as misleading advertising, unfair commercial practices, and conduct that restricts or distorts competition.

Comparative advertising is a marketing strategy in which a company compares its products or services with those of a competitor by referring to the competitor's brand name or other distinctive characteristics. In principle, comparative advertising in most countries is meanwhile permitted, provided that the comparison is truthful, objective, evidence-based, and not misleading to consumers.

Unlawful reproduction, manufacture, and distribution of counterfeit goods that imitate genuine branded products.

Check the price, packaging, quality, and place of purchase for signs of counterfeit products, and compare the item against the manufacturer’s official standards to identify any inconsistencies.

It is of utmost importance that you take legal action against pirated products and counterfeits. Possible measures include filing applications for border seizures with customs authorities, requesting marketplace takedowns, and pursuing civil proceedings to stop the infringement and protect your rights or request criminal proceedings as product piracy is most laws is considered a serious crime.

Yes. Software can be protected through copyright or patents. Copyright protects source code and other original expressions and arises automatically upon creation. Patents may protect technical inventions implemented by software, such as algorithms or computer-implemented processes, but are subject to strict requirements and can be difficult to obtain.

Software licensing grants you the right to use software while protecting the rights of its creator. It often involves payment for the license and sets boundaries on how the software can be used, modified, and distributed.

Sports law is not a single, standalone area of law but a field that brings together various legal disciplines as they apply to sport. It covers legal issues involving athletes, clubs, leagues, and sporting events. These include, for example, contract negotiations, branding and marketing, sponsorships, regulatory compliance, and dispute resolution.

IP protection (trademarks, designs, copyrights, licensing) helps preserve the commercial value of sports by protecting the brands, designs, innovations, and creative content associated with athletes, clubs, and sporting events. It also helps combat counterfeiting and piracy.

Commonly protected assets include athletes' and clubs' names and logos, team badges and colors, mascots, sports equipment and apparel designs, broadcasts, promotional materials, and distinctive slogans or chants. Depending on the asset, protection may be available through trademarks, designs, copyrights, or patents.

The strategic and operational activities aimed at developing, protecting and enforcing a company’s intellectual property rights.

Effective IP management helps transform innovative ideas into valuable business assets. It protects investments, reduces the risk of costly legal disputes, and can provide a significant competitive advantage over businesses that do not actively protect and manage their intellectual property.

It depends on factors such as the size of the portfolio, the industry, and the applicable regulations. Regular IP audits help maintain effective protection, identify expansion opportunities, assess the value of existing rights, and ensure important deadlines are not missed.

Your intellectual property rights (IPR) should be managed professionally – either by yourself or an outside law firm. Professional docketing and file software should be used, such as IP Servant – www.ip-servant.com – with which you can manage your IP portfolio (trademarks, designs, copyright), deadlines, licensing agreements,
correspondence etc.

For Germany, trademarks are filed with the German Patent and Trademark Office (DPMA/GPTO). For EU-wide protection, you apply via the EU Intellectual Property Office (EUIPO). For international protection, applications are filed through the World Intellectual Property Organization (WIPO), designating the relevant countries.

It depends on which IP right you are applying for and whether any legal issues, such as an opposition, arise during the application process. For trademarks filed with the DPMA/GPTO, registration can often be obtained relatively quickly, usually within 1–6 weeks. Applications for EU trademarks through the EUIPO and international trademark registrations through WIPO generally take longer – 4–5 months.

By applying for and registering your trademark, your company acquires exclusive rights to the mark for the goods and services covered. As a trademark owner, you can take legal action against later users of identical or confusingly similar marks. In addition, according to multiple studies trademarks represent a significant part of your company’s overall value – approx. 50 %.

IP monitoring is the ongoing process of tracking intellectual property (IP) rights to identify potential infringements, monitor competitors' activities, and protect the value of your IP portfolio.

A trademark watch is a monitoring service that regularly scans official trademark registers for new applications that are identical or confusingly similar to an existing (watched) mark.

Yes. If you do not take reasonable steps to protect/register, use and enforce your IP rights, there is a risk that third parties may freely use or exploit them, and your inaction may weaken your legal position. In the case of trademarks, it is also important to actively use the mark, as it may be challenged and revoked for non-use
in many countries after a three or five-year grace period. In certain countries, e.g. USA, it is mandatory to use the national US mark and prove use (active sales, revenue, etc. in the territory of the US).

IP searches are systematic checks carried out before filing a trademark, design, utility model or patent application to identify existing older identical or similar marks, designs, utility models or patents in official databases. They help ensure that a new mark, design, utility model or patent does not infringe earlier rights, as this
responsibility lies with the applicant.

Failing to conduct IP searches before filing may result in overlooking earlier identical or similar trademarks, prior designs, utility models or patents. If your envisaged intellectual property (IP) conflicts with existing prior rights, the owner of the earlier IP may take legal action against you, requesting you, e.g. to stop (immediate) use, pay
damages, lawyer fees etc.

Yes, you can carry out IP searches yourself to get an initial overview of existing registered marks and spot identical ones. However, professional advice is strongly recommended, as it can be difficult to assess similar marks from a legal perspective without necessary expertise.

IP defense refers to litigation and other legal measures used to defend against claims of infringement or to protect and enforce intellectual property rights against infringers. Common measures include cease-and-desist letters, opposition or cancellation proceedings, preliminary injunctions, and court actions.

If you feel that there is a risk of confusion with a new trademark registration and your earlier trademark, you can file a notice of opposition in writing within three months after publication of the registration of the newer mark. An opposition fee must also be paid within this period.

First of all, do not ignore it, as it is a serious matter, and it is recommended to seek legal advice in such a situation as soon as possible. There is no guarantee that the legal basis of the letter is valid, so you should not automatically comply, but instead have it reviewed by a professional, in general an attorney at law.